well, anyone else want to defend their position?
other than potential cost differences or the political benefit for the Democrats, what is the specific, effective difference between a trial and a tribunal?
and if you can't name one then what is everyone getting so worked up over?
WA Mtnhunter-
though we've had a fair number of disagreements, I doubt many of them have been on constitutionality. I tend to be a fairly strict constructionist, where I get into friction with people on this site is when I suggest that the constitution should be strictly applied to BOTH republican AND democratic administrations.
Its funny really, because in effect libertyfirst and Dave both agree with me. We all think there is a lot of wasteful spending going on and that the census should be conducted very differently than it has been.
Really that's a good enough argument. the $50/person price tag and the laundry list of ridiculous questions are enough to present a rock solid case that substantial reforms are needed.
But then they go a step further, clawing for even more support for their argument, they attempt to assert that any questions other than the ones necessary to determine representation in the house of representatives are unconstitutional. Admittedly a very strong argument.... if it were valid.
This is the point where the rational thinking alarms start going off in my head. You see, like you, I know that while the government may do many things that I do not like, that does not necessarily make those things unconstitutional.
So, I put on my critical thinking hat. Does the constitution say that the census can only ask the # of residents per house? nope! as a matter of fact goes so far as to say that details of the census are left up to congress to decide. Thereby giving congress the power to conduct the census in the manner they see fit (as long as it dosen't conflict with the 4th amendment) and completely nullifying the 10th amendment unconstitutionality argument.
then I thought to myself, wait a minute! the founding fathers held a census of their own! I wonder what questions they asked? It turns out they themselves asked quesitons other than merely the ones necessary to determine representation in the house. Thus, showing that the framers and by extension, the constitution did not intend to limit the census to only such questions and rendering the unconstitutionality argument doubly nullified.
So, you see what happened here?, Dave essentially agrees with me on what should change. Its just that he went a step too far in justifying that assertion and when I pointed out that he had stepped over the bounds of reality he immediately concluded that I must be some big government liberal hippie who is begging to be forced to conform. He apparently thinks that I want the government to "invade his privacy anyway they see fit" Where did he come to that conclusion? why would I even bother talking about the constitution if that were the case?
though I don't have the ability to peer into a man's soul and discern his true feelings, it appears that Dave and many people like him divide the world into two camps. The first camp agrees with him on absolutely everything down to last detail of his justification. It is a very small camp indeed. This is the camp of the righteous, the just, the brave, and the patriotic. But if someone disagrees in the slightest, even on a detail of his justification, then they belong in the other camp, there is no middle ground. The other camp is entirely comprised of limp-wristed, America-hating, big-government, freedom-hating, naive hippies. Not a single person in this camp can ever have a good idea, and if they are doing something a certain way then that is by definition the wrong way to do it.
Such a world view is extremely damaging, it prevents one from examining the logical underpinnings of their own arguments and makes considering new ideas unthinkable. When such a world view infects a political party it can have the same effect on the party's actions. This must be guarded against at all costs if we want a party whose actions actions are grounded in rational thought and logic rather than emotion and partisanship.
A few decades back we had a pretty awesome President. Maybe you've heard of him before? His name was Ronald Reagan. He was quite the wise man and a skilled orator if ever there was one. He had a quote I'd like to leave you with to sum up my feelings on this matter. When talking about how some elements of the republican party were trying to squash internal debate by demanding absolute loyalty to a predetermined party platform he said:
"If any two men agree agree on absolutely everything, then at least one them isn't doing any thinking"
Dave-
When we get right down to it, it appears that the argument you are making, without quite explicitly stating it, is the following:
"security personnel should not be prevented from screening a suspicious individual on the grounds of that individual's race or religion"
No one is disagreeing with this point, at least I am personally not. you're having a non-argument.
It's also important to realize that the above stance is an anti-racial-profiling stance, not a pro-racial-profiling stance, since only screening white people is in effect, racially profiling against white people. Its ineffective for the exact same reason that profiling against any other race is.
this is really not the argument the other folks are making though, they are saying:
"People of certain races/religions should receive more thorough security screenings than people of other races/religions"
THIS is the argument I am firmly disagreeing with. If I summarized your argument correctly at the beginning of this post then I actually firmly agree with you.
... scary thought that I might be in agreement with a kool aid drinking liberal such as yourself!
again though, a rather different argument from the whole thing being unconstitutional isn't it?
so now you're arguing that a civilian trial would have a greater political benefit for the Obama administration than a tribunal would?
is that really what these folks are arguing? that seems like a rather more partisan and a rather less strong argument than the moral absolutes these guys are talking about?
I would argue that rather than rely on "gut feelings", we train our personnel, like the Israeli's do, to recognize the signs suspicious behavior (often much more subtle than someone yelling on a cell phone or wearing funny clothes)
but as long as you're talking about selecting people based on behavior as opposed to race or religion (that includes NOT picking someone because of their race or religion) then I guess you're drinking the liberal kool aid right along with me.
but lets face it, I don't think thats what people like libertyfirst are calling for. They want some races to get screened while other races get free passes, and I think I have clearly demonstrated that that is a horrible idea not because it hurts anyone's feelings but because it is ineffective.
"In the first census that number representing total population had to be crunched because shamefully in those early days women, slaves, and children were actually or effectively property"
factually not true, all free persons, including women and children counted as "1" whereas under the infamous 3/5th's compromise, slaves counted as "3/5th's" So, more questions were asked than was necessary to determine the representation in the house.
"The first census did not ask how many outhouses or how many holes per outhouse"
but it DID ask more questions than were necessary to determine representation in the house, thus definitively establishing that the founders did not intend for congress to be limited to only the questions necessary to determine representation.
"Evidently the representatives of the 1920's are much like todays if they only ask for input of We the People every ten years to figure how best to spend our hard earned money."
what exactly are you arguing here? are you saying you want them to ask toilet questions more often? I thought you were anti-toilet questions? are you saying that governments shouldn't build water and sewer lines? even if you were holding something like a town hall meeting to determine that the people want municipal water and sewer lines, then you still need something like a house-to-house survey to determine the best place to lay those lines. why not incorporate that survey into the census?
"they send the ACORN bozo"
factually incorrect again, ACORN is not involved with the census
so you're NOT arguing for racial or religious profiling, you're arguing for behavioral profiling?
in other words, you're agreeing with me while calling me a kool-aid drinking liberal?...
but even if that cost comparison were literally true, and it very well may be, is that really the arguments these folks are making?
are these folks really making an argument based on cost savings? because it sure seems to me like they they arguing that it is some sort of moral imperative that a criminal trial not take place. Isn't that a rather different sort of argument?
seriously?
you're characterising my position as "drinking the kool aid"?
First off, the Israeli's DONT racially profile, they behaviourally profile. It's highly effective, as I said in my original post. But they're picking people to screen based on their behavior, not their race or religion.
Second off, you didn't address my point. Who exactly do you want to profile against? are you advocating for elderly people being exempt from random security checks? exactly what point are you trying to make?